This Overview considers cross-border alternative dispute resolution (ADR). ADR provides a confidential dispute resolution mechanism outside of a court of law, by which a dispute or difference is submitted to an impartial individual(s), either for determination or to assist the parties in reaching a negotiated resolution of their dispute.
ADR is only one consideration when dealing with a cross border dispute. For an insight into the various considerations, see: Cross border considerations—checklist.
understanding the different types of ADR—there are numerous alternative dispute resolution (ADR) mechanisms which may be of assistance, eg negotiation, conciliation and arbitration. For an understanding of the different forms and insight into how these differ from litigation, see Practice Note: What is ADR?
guide to cross-border ADR—when dealing with cross border proceedings, such disputes are generally resolved by means of litigation of arbitration. However, it may be appropriate to consider the appropriateness of ADR mechanisms. For guidance, see Practice Note: Cross-border ADR—a guide for dispute resolution practitioners
The most consistently utilised form
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